Fashion District Settles Homeless Lawsuit

As a result of an out-of-court settlement reached with several homeless plaintiffs who claimed they were harassed and had their civil rights abused, the Fashion District Business Improvement District (BID) officially will have its security patrols in downtown Los Angeles’ Fashion District cease their practice of aggressively confronting transients, panhandlers and the like who are engaging in non-criminal activity in the area.

The settlement, which stemmed from a lawsuit filed in Los Angeles Superior Court almost two years ago, was recently approved by court officials. The plaintiffs were represented by the American Civil Liberties Union (ACLU) and the law offices of Morrison & Foerster, which accepted the case pro bono.

Per the terms of the settlement, the BID, which is funded by area property owners, agreed to leave transients, day laborers, suspected loiterers and others alone unless they are engaged in obvious criminal activity. Specifically, the settlement requires district security to refrain from ordering individuals to move from private property, conducting unnecessary searches, taking any photographs or asking for identification.

Two homeless plaintiffs who claimed they were assaulted by district security also received $600 in food and clothing vouchers from the settlement.

The district contracts security from Burns International Security Services Corp., which operates a “Safe Team” consisting of yellow-shirted patrol agents, who can often be seen on bicycles canvassing the area.

As part of the settlement, the BID is not required to admit to any wrongdoing.

“We’re trying to prevent criminal activity and not violate any civil liberties,” said Kent Smith, executive director of the BID, who added that the district would meet with the ACLU every 60 days to discuss the progress of the BID’s interactions with the homeless.

Alice Callaghan of Las Familias Del Pueblo, a group that assists transients, said she was pleased with the quick reaction of the BID to reach a settlement.

“We will proceed to court with the other [three downtown L.A.] districts which are still out of compliance,” she said.

Callaghan, questioned about the threat posed by transients to the businesses of the 550 property owners in the Fashion District, said that any “threats” have largely been a “perception issue” rather than a true detraction from area business. Smith supported that notion to some degree, noting that pedestrian traffic is up 20 percent in the district over previous years.

“I think people in L.A. are tolerant of downtown’s cultural and ethnic values and come here to celebrate that,” said Smith. “The Safe Team is here to serve the entire community of the Fashion District.”